A protective, or restraining, order is a court-issued legal document designed to protect the petitioner from of violence, abuse and threats for a fixed period of time. It is designed to protect the safety and health of any person who is placed in fear or threat of bodily injury.
3 Types of Family Abuse Protective Orders in Virginia
In the Commonwealth of Virginia, there are three types of protective orders aimed at protecting spouses or children, including:
• Emergency Protective Order
This type of protective order is requested in emergency situations and therefore can be issued by any court, Juvenile or Domestic Relations judge, or magistrate at any time of the day or night. It can also be requested by a law enforcement officer without notifying the alleged abuser. Expires at the end of the third day after issuance or the next day court is in session (whichever is later).
• Preliminary Protective Order
This type of protective order is issued by a Juvenile and Domestic Relations Court when the petitioner shows proof that they are in immediate danger from the alleged abuser, who does not need to be notified prior to issuing the protective order. The petitioner must either provide an affidavit or testify under oath, and the order expires 15 days following the day it was issued or until a full hearing.
• Full Protective Order
This type of protective order is issued following a full hearing, when the alleged abuser is given the chance to be heard in court. Its duration can last up to two years.
When protection is first issued, it is only temporary, and is called a PPO, or Preliminary Protection Order. It will include a date indicating when you must return to court, generally in about 15 days, at which time the judge will determine if a Full Protective Order is required. Both the petitioner and the abuser are asked to be present.
What a Restraining Order Can Do
A restraining order can:
• Order the abuser to cease contact with you or other people in your family, in person, by telephone, at home or work, or anywhere requested within the order.
• Demand that the abuser vacate the shared home
• Grant custody of minor children
• Order child support and spousal support
• Order payment for costs resulting from abuse, such as household bills, medical treatment, loss of earnings, etc.
• Order professional counseling for the abuser
How a Protective Order Can Help Victims of Family Abuse
All types of protective orders in Virginia can prohibit further abuse, prohibit any contact by the defendant with the victims of abuse, and remove the defendant from the home in which the victims live (without affecting the property’s title).
Preliminary and full protective orders can also grant the victims the sole use of a motor vehicle either owned by the victims or by both the petitioner and defendant (without affecting the vehicle’s title), as well as order the defendant to provide housing for the victims.
Do Not Hesitate to File a Protective Order
If you or your children are threatened, or if a member of your family or household harms you in any way, do not hesitate to file a petition against them in your local Juvenile and Domestic Division. However, as this legal document can only protect you if the abuser respects it, call 911 immediately if you feel you are in any type of danger.
Every day the media is flooded with another instance of family-related violence. Don’t let the next story be yours.
Contact Your Family Law Attorney
For information or any advice regarding family abuse or protective orders in Virginia, contact attorneys Patricia Tichenor and Camellia Safi at the Law Office of Patricia E. Tichenor, P.L.L.C. We can advise you on the best methods to keep yourself and your children safe, and on the next steps to take to ensure ongoing protection. Contact us today.